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the pre-IPO stage can be rewarding, it involves risk for investors, including the risk of complete loss – i.e., that the investor can lose his/her entire investment. substantial profits for themselves, while increasing the risk that investors would incur substantial losses only one pre-IPO company at issue had gone public, and that event resulted in substantial financial losses

shareholders,” and BCL § 624(e), which allows examination of “an annual balance sheet and profit and loss statement for the preceding fiscal year, and, if any interim balance sheet or profit and loss statement or otherwise made available to the public, the most recent such interim balance sheet or profit and loss

the early 20th century, a plaintiff alleging fraud in New York can recover only the actual pecuniary loss damages recoverable under the out-of-pocket rule are intended to compensate plaintiffs for what they lost damages. 6 The Court also rejected Plaintiffs’ argument that the out-of-pocket rule measures pecuniary loss 247 N.Y. 84, 87 (1928), the Court said that in a holder case, “ he damages awarded must represent the loss ” 9 Takeaway Danco shows that a plaintiff alleging fraud must demonstrate his/her actual pecuniary loss

The excess policies provided coverage for “loss” that the Companies became liable to pay in connection They defined “loss” as including various types of damages – including compensatory and punitive damages Stearns, concluding that the disgorgement of $140 million in client gains constituted an insurable loss the relevant portion of the disgorgement payment was a “penalty” and, as such, was not an insurable loss ” thereunder. 14 The Court observed that under the policies, the Insurers agreed to pay the “loss” that

market rental rates of three-bedroom apartments in the vicinity; and (c) the projected annual vacancy losses The motion court also found that “the only support for Plaintiffs’ allegations based on the vacancy loss projections the fact that the actual vacancy losses were higher than those projected.” The Court found that the statements concerning vacancy losses were nothing more than “expressions of misrepresentation) were based on the investment memoranda’s understatement of the expected vacancy losses

hundreds of cross trades between advisory clients that favored certain clients over others to minimize losses The SEC further found that MIMBT attempted to minimize losses to redeeming investors by arranging cross The SEC noted that these trades resulted in the retail mutual funds absorbing losses that otherwise would

The purpose of the “interest award is to compensate the wronged party for the loss of use of the money quantify, “‘the compensation which, the parties have agreed, should be paid in order to satisfy any loss in escrow is not to punish the breaching party, but rather to compensate the wronged party for the loss sole remedy” upon breach involved a “liquidated sum” that, inter alia , “included compensation for the lost

ultimately collapsed, most investors were not able to withdraw their investments, resulting in substantial losses “NovaTech and the caused untold losses to tens of thousands of victims around the world,” said Eric

entitle the assignee to receive, to the extent assigned, the distributions and allocations of profits and losses Takeaway Under the LLC Law, assigning a membership interest only transfers economic rights (profits and losses

While a landmark MetLife study initially estimated that older Americans lose roughly $2.6 to $2.9 billion These numbers, whether at the low end of the range or the high end, reflect not only a financial loss

This installment will look at the difficulties the losing party has challenging the arbitral award. It is less formal than a court and conducted by an impartial person or persons selected by the parties Once an award is issued, the losing party can appeal it (i.e., move to vacate the award) in court. However, because arbitration is less formal than court and contractually based, the grounds upon which It is a less formal and less costly alternative to resolve disputes.

motion, finding that the subcontract did not explicitly provide for consequential damages, such as lost explained that “[t]his mutual waiver include[d], without limitation, damages incurred by [BLDG] for losses (including, but not limited to rental income), profit, financing, business and reputation, and for loss reasonably foresaw or contemplated [defendant] being held liable for BLDG’s consequential damages of lost 183 (1st Dept. 2007) (finding that “[t]he agreement fails to reflect that the parties contemplated lost